State's registered nurses not required to report they have been charged, convicted of crime

Seldom are you more vulnerable than when you are lying in a hospital bed.

You are almost completely dependent on the licensed nurses and doctors entrusted with your care.

But when it comes to registered nurses in Pennsylvania, the nurse caring for you could have been convicted of crimes, and you might not even know it. It’s possible no one else may know it either, including the state board responsible for licensing and disciplining nurses in Pennsylvania.

If you are a registered nurse in Pennsylvania, you can go up to two years without having to report being charged and convicted of a crime, or getting ARD.

If you are licensed in Pennsylvania to operate a crane and you are charged with a crime, you have to report that to the state licensing board within 10 days, said Matthew Keeler, spokesman for the Department of State.

If you’re licensed as a landscape architect and are convicted of a felony or misdemeanor, or get put in the Accelerated Rehabilitative Disposition program, you must report that to the state within 90 days, Keeler said.

But if you’re a registered nurse in Pennsylvania, caring for sick people in hospitals, you can go up to two years without having to report being charged and convicted of a crime or entering ARD. Under state law, you don’t have to report it until it’s time for your license renewal, done every two years.

There’s also no requirement that law enforcement report a nurse being charged or convicted to the state licensing board or the Department of Health, according to officials at these agencies.

Legislation possible

Cumberland County District Attorney David Freed, the Republican candidate for state attorney general, knows of no requirement that his office or law enforcement report a nurse being charged and convicted to the state.

Freed knows of the case of Gary Francis Fatool, a Sunbury resident and registered nurse who in March 2011 was charged with indecent assault after a November 2010 incident involving a female patient under Fatool’s care in a room in Holy Spirit Hospital.

Fatool, now 58, didn’t have a criminal record and got ARD in the case in Cumberland County Court.

But there’s no indication that Fatool’s case was ever disclosed to either the state licensing board or the Department of Health.

As of today, Fatool’s nursing license remains in good standing and no disciplinary actions have been taken against him.

Keeler said the state does not disclose whether a complaint has been filed against a nurse, or whether a nurse is being investigated.

State Sen. Pat Vance, R-Cumberland County, who is a registered nurse, said to her knowledge the Department of State was never informed of Fatool’s case because under law no one was required to tell the state — outside of Fatool himself when he applies to renew his license.

“I was just flabbergasted,” Vance said when made aware of the case.

Vance said while Fatool’s getting ARD could make a difference in his case, she sees the potential for legislation to bring reporting requirements for registered nurses to the state licensing board more on par with those governing other professions that require a license in Pennsylvania.

“If somebody dropped the ball, we definitely need to do legislation,” Vance said. “We are in the process of trying to get all the details. If it is not clear in law, and there seems to be some thought that it may not be, then yes, I will be doing legislation.

“We are going to be working on making sure we can clarify who should report and the time frame in which they should report, so that is something we will be working on in the beginning of the year in the new session.”

Vance said even if Fatool’s case was reported to the Department of Health, it’s possible word would never have gotten to the Department of State because of a “silo mentality” that can impede departments from sharing information.

Drug reporting

Holy Spirit Hospital spokeswoman Lori Moran said Fatool no longer works for the hospital. She would not say when Fatool’s employment with the hospital ended, or under what circumstances.

The woman who claimed Fatool assaulted her as a patient in the East Pennsboro Twp. hospital in September filed a civil suit in Cumberland County Court against Fatool and Holy Spirit Hospital seeking damages. The Patriot-News does not identify alleged victims of sexual assault.

Fatool declined comment, saying his lawyer has told him not to speak publicly about the case.

One area where wrongdoing by registered nurses is to be immediately reported to the state is drug diversion, where a nurse is found to have stolen or misappropriated medication for personal use.

State law covering registered nurses in Pennsylvania says a health care facility that becomes aware of a nurse diverting drugs or being addicted to drugs must report this to the state licensing board. The health care facility must report the activity regardless of whether the person has been criminally charged.

Moran would not comment on whether Holy Spirit referred Fatool’s indecent assault charge to the state.

Fatool was charged by East Pennsboro Township police. Police Chief Todd Bashore said the department learned of the case from the patient, not from the hospital.

Roger Baumgarten, spokesman for the Hospital Association of Pennsylvania, said that outside of drug diversion the law does not spell out what hospitals are supposed to report to law enforcement about registered nurses.

“To my knowledge, there is no specific list that outlines what hospitals are required to report to police,” Baumgarten said.

Board informed

After discussing the lack of mandatory reporting requirements with The Patriot-News, Freed said his office decided to report Fatool having been charged and receiving ARD to the state licensing board — even though he’s not required to do so — because Freed said he was concerned that otherwise, the board might not be made aware of it.

ARD is not an admission of guilt, but it’s not a profession of innocence either. Legally ARD falls “in between” those two, Freed said.

But Freed said his reading of state law indicates that getting ARD can be grounds for a registered nurse’s license to be suspended, revoked or not renewed. But he said that can’t happen if the state board doesn’t know about the case.

While it is standard for health care employers and employers generally to do criminal background checks when considering new hires, Freed said it’s possible that if Fatool successfully completes ARD, no record of his case would appear in a criminal background check.

Freed said it’s also possible that an ARD for indecent assault could remain part of a criminal background check, even after ARD has been successfully completed, but the DA could not say for certain.

He said the possibility of an ARD not appearing in someone’s criminal background check or in the public record underscores the need for a tougher requirement that such cases be referred to the state licensing board.

Freed said whether to refer criminal charges and convictions of professionals like teachers and doctors to the state licensing board is one of the more difficult issues he has dealt with as DA. Not just because the law can be vague, but because of the broader impact.

“I’ve had to deal with it with physicians. Is it best for the community to take away someone’s license for 10 years if they have no prior record? It’s an issue I think that prosecutors wrestle with,” Freed said.

Freed said he believes Fatool’s case was the first time he’s had to decide whether to report a nurse to the state licensing board, outside of drug diversion.

Betsy Snook, CEO of the Pennsylvania State Nursing Association, said that except for drug diversion and a nurse self-reporting at the time of license renewal, she knows of no requirement that a nurse being charged with a crime, and the outcome of the case, be reported to the state.

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